Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (137 of 2024)

Schedule 1   Acquisitions

Part 2   Amendments commencing 1 July 2025

Division 1   Amendment of the Competition and Consumer Act 2010

Competition and Consumer Act 2010

56   At the end of Division 2 of Part IX

Add:

111 Tribunal may order costs be awarded

(1) If the Tribunal is satisfied that it is appropriate to do so, the Tribunal may order that a participant in proceedings for review under Division 1A or 1B pay all or a specified part of the costs of another participant in the proceedings.

(2) If the Tribunal makes an order under subsection (1), it may make further orders that it believes appropriate in relation to the assessment or taxation of the costs.

(3) The Minister may, by legislative instrument, make provision for and in relation to fees payable for the assessment or taxation of costs ordered by the Tribunal to be paid.

(4) If a participant (the first participant ) is ordered to pay some or all of the costs of another participant under subsection (1), the amount of the costs may be recovered in the Federal Court as a debt due by the first participant to the other participant.

112 Tribunal may charge fees

(1) For the purposes of Division 1A or 1B, the Tribunal may, on behalf of the Commonwealth, charge fees determined under subsection (2) for the purposes of this subsection.

(2) The Minister may, by legislative instrument, determine fees for the purposes of subsection (1).

(3) A determination under subsection (2) may provide for fees to be payable in respect of the following:

(a) applications to the Tribunal under Division 1A or 1B;

(b) proceedings in the Tribunal under Division 1A or 1B;

(c) taxation of costs by the Tribunal in relation to such proceedings.

(4) Without limiting the scope of a determination that may be made under subsection (2), such a determination may determine, or determine matters relating to, any or all of the following:

(a) the circumstances in which a fee is to be paid;

(b) who must pay;

(c) the time when payment is required;

(d) remittal, refund and waiver of fees.

(5) A determination made under subsection (2) may do any or all of the following:

(a) determine fees in respect of a particular class or classes of applications, costs or proceedings;

(b) determine different fees in respect of different classes of applications, costs or proceedings;

(c) determine the amount of, or a method for working out the amount of, a fee;

(d) make provision in relation to the whole or a part of a fee;

(e) provide for the Tribunal to make orders relating to the payment of a fee in relation to a proceeding.

(6) A fee must not be such as to amount to taxation.

(7) A fee charged under subsection (1):

(a) is a debt due to the Tribunal, on behalf of the Commonwealth; and

(b) is recoverable by the Tribunal, on behalf of the Commonwealth, in a court of competent jurisdiction.

113 Standing of Commission to seek judicial review

(1) This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:

(a) a decision made by the Tribunal under this Part (including a decision of the Tribunal that is taken to be a decision of the Commission); or

(b) a failure to make a decision under this Part; or

(c) conduct engaged in for the purpose of making a decision under this Part.

(2) The Commission is taken to be a person aggrieved by the decision, failure or conduct.

(3) A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.